ORDER TO CONTINUE - Ends of Justice as to DAMARIS VALERIO Time excluded from 11/15/2023 until… — USA v. VALERIO (Dkt. 8, No. 2:23-mj-11198-AME, filed 2023-11-15)

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Order for Continuance, Document 8, filed 11/15/23 in Mag. No. 23-11198 (2:23-mj-11198-AME), United States of America v. Damaris Valerio a/k/a Damaris Tineo Abreu, District of New Jersey, three pages. On the joint application of the United States Attorney and defense counsel John L. Russo, Esq., it grants a 60-day continuance under 18 U.S.C. § 3161(h)(7)(A) from November 15, 2023 through January 15, 2024, and excludes that period under the Speedy Trial Act. The order states that the charges result from a lengthy investigation, that both sides want time to discuss possible plea negotiations that would make grand jury proceedings and a trial unnecessary, and that the defendant consented through counsel. It adds that nothing in the order is a finding that less than 31 non-excludable days have expired. The signature block names Hon. Andre M. Espinosa.

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Case 2:23-mj-11198-AME Document8_ Filed 11/15/23. Page 1 of 3 PagelD: 18

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA : Hon. André M. Espinosa, USMJ
v. ; Mag. No. 23- 11198

DAMARIS VALERIO a/k/a : ORDER FOR CONTINUANCE

DAMARIS TINEO ABREU

This matter came before the Court on the joint application of Philip R.
Sellinger, United States Attorney for the District of New Jersey (Fatime Meka
Cano, Assistant U.S. Attorney, appearing), and defendant DAMARIS VALERIO
a/k/a DAMARIS TINEO ABREU (John L. Russo, Esq., appearing), for an order
granting a 60-day continuance under 18 U.S.C. § 3161(h)(7)(A).

1. This Court granted no § 3161(h)(7)(A) continuances previously in this
case.

wa Counsel for the parties represented that this additional continuance is
necessary for effective preparation and to permit the parties to attempt to resolve
this case prior to indictment and thereby avoid a trial.

a. Counsel for the United States also represented that this additional
continuance is necessary to prevent any more non-excludable days under § 3161(h)
from expiring.

4. The defendant knows that he has the right under § 3161(b) to have
this matter submitted to a grand jury within thirty days after his arrest.

5. The defendant, through counsel, has consented to this continuance.
Case 2:23-mj-11198-AME Document8 _ Filed 11/15/23 Page 2 of 3 PagelD: 19

6. FOR GOOD CAUSE, THIS COURT FINDS that this case should be
continued for the following reasons:

a. The charges in this case result from a lengthy investigation, and
both the United States and the defendant desire time to discuss the matter, and any
possible negotiations of a plea agreement, which would render grand jury
proceedings and a trial in this matter unnecessary.

b. Despite the exercise of diligence, therefore, the circumstances of
this case require giving the parties a reasonable amount of additional time for
effective preparation.

G; Consequently, the ends of justice served by granting the
continuance outweigh the best interest of the public and the defendant in a speedy
trial.

IT IS, therefore:

ORDERED that this action is continued for a period of 60 days from
November 15, 2023, through January 15, 2024; and it is further

ORDERED that the period from November 15, 2023, through January 15,
2024, shall be excluded in computing time under the Speedy Trial Act of 1974; and
it is further

ORDERED that nothing in this Order or the application prompting it is a
finding or representation that less than 31 non-excludable days under § 3161(h)

have expired.
Case 2:23-mj-11198-AME Document8 _ Filed 11/15/23. Page 3 of 3 PagelD: 20

HON. ANDRE M. ESPINOSA
United States Magistrate Judge

Dated: [November 15, 2023]

Form and entry consented to:

Aatime Mla (WP

Fatimé Meka Cano
Assistant U.S. Attorney

Jolin L. Russo, Esq.
unsel for defendant
DAMARIS VALERIO a/k/a
DAMARIS TINEO ABREU

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